Publisher's Synopsis
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1802 edition. Excerpt: ... which is the compassing the king's deatk. It matters pot how far back the conspiracy reaches, or did begin, if it was asterwards pursued, proof may be given of it; and this is not unusual, and the common law is plain on it. 4 t. Tr. $70. Ante 406. ffiuse the &eranu. The existence of a conspiracy being proved, the act of any one man engaged in such conspiracy, though not on his trial, is evidence to criminate those with whom he co-operated, though they are not on trial. But the declarations of a person unconnected with the desendant on trial, except as he may at particular occaJlon be in his company, cannot in any case be received in evidence. In lord Strafford's case, 32 Car. 2. the evidence was arranged in two parts, general' and particular. The general evidence to shew the univerfal conspiracy; the particular to shew what special part the prisoner had in that conspiracy.-Accordingly witnesses were produced, firstto prove the existence of the plot charged in the impeachment, and were permitted to state facts of the conspiracy that took place both in England and abroad; and she existence of the conspiracy being thus established, then, facts personally applicable to the prisoner were given in evidence. 3 St. Tr. 109. So in lord Lovat's case, 20 Geo. 2. 1746-7. The first class of evidence was arranged to shew the scheme of rebellion began and carried on, for bringing over the Pretender, by aid of foreign force j the second included evidence of the more immediate scene of action, and the particular part the prisoner took in it. 9 St. Tr. 615, 630. In the King V. Thomas Hardt, high treason, sesJions-house, Old-Bailey, OElober and November, 39 Geo. 3. James Davidson, a printer, deposed that Mr. Thehuell, indicted for treason with Hardy, ..."
